GEORGIA CODE (Last Updated: August 20, 2013) |
Title 16. CRIMES AND OFFENSES |
Chapter 9. FORGERY AND FRAUDULENT PRACTICES |
Article 6. COMPUTER SYSTEMS PROTECTION |
Part 2. SPAM E-MAIL |
§ 16-9-100. Definitions |
§ 16-9-101. Initiation of deceptive commercial e-mail |
§ 16-9-102. Penalties |
§ 16-9-103. Venue |
§ 16-9-104. Jurisdiction for prosecutions |
§ 16-9-105. Civil actions |
§ 16-9-106. Violations as separate offenses; construction with other laws; e-mail policies of service providers not limited or restricted |
§ 16-9-107. No cause of action against service providers |
REFS & ANNOS
TITLE 16 Chapter 9 Article 6 Part 2 NOTE
EDITOR'S NOTES. --Ga. L. 2005, p. 199, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Slam Spam E-mail Act.'"
Ga. L. 2005, p. 199, § 2, not codified by the General Assembly, provides that: "The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia's enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders' forbearance from active deception."
LAW REVIEWS. --For article on 2005 enactment of this part, see 22 Ga. St. U.L. Rev. 39 (2005).
Ga. L. 2005, p. 199, § 2, not codified by the General Assembly, provides that: "The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia's enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders' forbearance from active deception."
LAW REVIEWS. --For article on 2005 enactment of this part, see 22 Ga. St. U.L. Rev. 39 (2005).